In a 13-page
order dated November 21, 2012, the Chennai Patent Office rejected Bajaj
Auto Limited’s pre-grant opposition against TVS’s application numbered
78/CHE/2004 on “Automatic Device for Providing Optimum Ignition Timing
Characteristics for SI Engines”. Under Rule 55(6), a patent was granted to TVS.
The copy of the order which has
been uploaded on the website of the Patent Office is not reader-friendly since
portions of the order are missing. Also, the order does not make itself
amenable to analysis since the prior art references (cited by Bajaj) alluded to
in the order have not been identified.
I would be grateful to readers if
someone could share with me the references cited by Bajaj against TVS’s
application.
In all likelihood, Bajaj is bound
to appeal against the grant of the patent or file a post-grant opposition. This
promises to be yet another battle
between the two-wheeler giants.
// ... In all likelihood, Bajaj is bound to appeal against the grant of the patent or file a post-grant opposition ...//
ReplyDeleteCan opponent appeal the decision? If yes, where he would appeal? IPAB???
Dear Guna,
DeleteIn an earlier post titled "Does a Pre-Grant Opponent Have a right of Appeal before the IPAB" (http://thedemandingmistress.blogspot.in/2012/09/does-pre-grant-opponent-have-right-of.html), I had discussed the issue. I believe it is possible for a pre-grant opponent to file an appeal before the IPAB.
Best Regards,
Sai.
Sir,
ReplyDeleteThe file uploaded to the related link, at the link titled '78-che-2004 pre grant opposition-1 09-06-2011.pdf' contains all the prior arts and arguments cited by Bajaj.
Hope it helps.
Really looking forward for another interesting clash of the titans ;-)
Thanks Anon! Another reader of the blog a senior practitioner was kind enough to share the documents with me.
DeleteBest Regards,
Sai.